The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1887-05-18
THE BLAChwooD CASE.

THE BLAchwooD CASE.
The Hearing in Ausus,a.-The Prisoner is Dis
charged bur Re-arrested.
The proceedings on the writ Of hddeGS
corpus in the case of +. y. Blackwood, OF
Aiken, who was kidnapped by Stone and
McNally, came of before Judge Roncy N
Augusta Wednesday. The most impoitan
paper submitted b. the petitioner was the
affidavit of his wife, Mrs. Susan Z. Black
wood. She swearS, in substance, that
Stone and McNally went to her house on
the night of the 9th OF March and asked
for a glass Of water, ard when It was
handed them by her husband be was seized
violently by the arm by McNally, while
Stone pointed pistol at him and hand
cuffed him. When he asked for what he
was arrested they refused to produce any
authority, and simply stated that they were
authority themselves" That both mcr
acted in rude, boisterous and threatening
manner. After arresting him they searched
the house, and besides taking $50 IN money
they took one silver watch, one razor, one
pistol and one set Of knives and forks,
none of which have been returned. Be
fore they left the house G.:Awood en-
treated them not to leave his wife pennies
and alone, when they refunded her $l0.
That before her husband was taken away
,by the persons above named, rs their pris-
oner was IN irons, he demonstrated with
them. and remarked to them that if they
had given him their authority when they
first arrested him and had not placed him
in handouts, he might have cheerfUlly
gone with them.
Blackwood was then put on the stand,
and he testified as follows:
'.I have been living in Aiken county
since last August. On the night Of the 9Th
March Stone and McNally cSme to my
house, asked for q glass of water, and when
I gave it to them, Stone leveled q pistol al
nv head, handcufed me, took me into the
house, searched it, and took almost every
thing I had, such as money and siiverware
McNaily wanted to take some jeweiry, but
Stone told him it was my wlfe,s, and he
left it. They then brought ME to Augusta
not taking the handouts of til we crossed
.ae river. On the 10Th. seven days after
my arrest, Deputy Sheriff Campbell came
to the iail and served warrant, and or
coming from the jail to-day, & few minutes
after 5 O'Clock, he served another warrant
on me, bench warrant. When arrested
told them | did not want 10 come, but il
they had authority to bring me ! should
have to come On the way to Wiliistor
we met Mr.. Gunter He asked me if l was
going to leave the country. l told him
did not want to, but these men had me
handcuffe6 and could not help it.,
Stone was next put on the stand, and he
stated that he did not know it was unlaw
full to arrest Blackwood as he did; thai
such mode OF arrest was common: that II
did not draw his pistol; and that Black
wood came along voluntarily.
McNally swore that BlGckwoOd came o!
on his own free viii and accord, and rela
ted the story of how q forged note was
passed on him as published.
Mr.. Hyams, Of the Augusta EgensnS
Neus, swore that on the morning thai
Blackwood reached Augusta he said to hin
he did not object TO coming to Augusta.
Chief Twiggs and Lieut.. Hood swore
that Stone told them in the presence Of
Blackwood that he made no objection tc
coming and Blackwood said nothing.
The case was argued by Major Gary fol
South Carolina and by Solicitor Wright
for Georgia. The Court then adjourned
till Thursday.
After hearing further argument OF
Thursday Judge Rorey rendered his
decision. After stating his views Of tht
comfy between States, he said:
The highest aim Of government is tc
"a. ,cl,n hI.S IA
priyed Of life or liberty, except by due
process of law. The question arises, shall
a citizen of one State set aside the laws OF
extradition and so into another State and
arrest citizen Without due process OF law:
s'If The Courts cf Georgia or any other
State recognize this, il you'd set at naught
the provisions of the Constitution If !
criminal goes into another State, the way
to get him is by q reQuisil;on.
'Then the question is brought up as tc
whether or not the arrest Of Biackwood was
according 10 law? Was be deprived Of his
liberty by due process Of law? If 50, ht
should not be remanded; but il not 50, he
should be.
The facts, as elected by the testimony
are that when Blackwood was arrested tits
conceded that at that time Stone and Nc
Nally were not armed by due process OF
law. The question is whether or rot Black,
wood was exr&ditcd. 1t is an unpleasant
duty to pass upon facts. This man was
not only not s-resteG by due process OF law,
but was arrested Illegally The affidavit Of
Mr.. Altman is to the effect that he warned
them they were rot making the arrest in
accordance with the law Their reply was
that they would take chances. i am Obliged
to hold he did not come voluntarily, and
shall therefore remand the prisoner.
Judge Roney afterwards issued az order
that Blackwood Ae delivered TO The Sheriff,
to be by him taken to South Carolina ans:
there releasedand discharged irom custody.
Accordingly late in the afternoon Deputy
Sheriff Campbell tcc!i Blackwood to Sand
Bar Ferry, where he was released, but was
rearrested by Constables Specs and Van,
dever, an officer from Augusta having gone
over ahead and had i warrant Tor his arrest
issued by Trial Justice Mason, of Beech
Island. When arrested, the constables took
him to Aiken, where be vii! be corined il
Jail until rcGuisition can be obtained from
the Governor Of Georgia and be honored
bv the Governor OF South Carolina.